GoWatchIt Terms of Use

EFFECTIVE March 6, 2015

Welcome to GoWatchIt!

Plexus Entertainment, LLC (“Plexus”) operates a website located at www.gowatchit.com as well as device and platform-specific applications branded as GoWatchIt, and also powers functionality on third-party properties which can be identified by “Powered by GoWatchIt” or other similar branding (collectively, “GoWatchIt”). As used herein, the words “user,” “you” and “your” mean users of GoWatchIt and the words “we,” “us” and “our” mean Plexus.

These Terms of Use (the “Terms of Use”) govern your use of GoWatchIt, so please read carefully before you start using GoWatchIt. The Terms of Use incorporate by reference our Privacy Policy.

Acceptance of the Terms of Use

WHEN YOU ACCESS OR USE GOWATCHIT, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED GOWATCHIT USER. IF YOU DO NOT AGREE TO THE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE TERMS OF USE, YOU MUST IMMEDIATELY STOP USING GOWATCHIT.

Your access to and use of GoWatchIt is subject to your continued compliance with the Terms of Use and all applicable laws. Your right to access and use GoWatchIt will terminate immediately, without any further action by Plexus, if you breach the Terms of Use.

We reserve the right to modify or update the Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to the Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. It is your responsibility to periodically review the Terms of Use as posted here for any changes. If you are not a logged-in Account User, your continued use of GoWatchIt after the posting of revisions to the Terms of Use will constitute your acceptance of such changes. If you are an Account User, the first time you access your Account after an amended Terms of Use is posted you will be required to consent to the changes by clicking “Accept.” For the avoidance of doubt, you should discontinue using GoWatchIt if you do not agree with any changes to the Terms of Use. These Terms of Use, in effect as of March 6, 2015, supersede and replace any and all prior agreements in effect regarding your use of GoWatchIt.

You can use GoWatchIt to access certain content relating to movies and TV shows. This includes viewing and purchase availabilities across release windows and delivery platforms, with direct links to immediate fulfillment, as well as trailers, synopses and other title-specific information. If you register for GoWatchIt in a manner described herein, you may have access to additional functionality including, but not limited to, the ability to request e-mail, text (including SMS and MMS) and/or social media Notifications with information about movies and TV shows in which you are interested, such as new viewing or purchase availabilities, by adding the titles to your GoWatchIt user queue, or otherwise setting alerts.

License to Use GoWatchIt

We are pleased to grant you a non-exclusive, revocable, limited license to use GoWatchIt, solely for your personal, non-commercial, entertainment use. You may only use GoWatchIt in a manner in which the content you access is intended for real-time viewing by you without redistribution of any kind, and otherwise in compliance with the Terms of Use herein and with any and all applicable local, state, federal, and international laws, rules and regulations.

By using GoWatchIt, you represent that you are not a person barred from using GoWatchIt under the laws of the United States, your place of residence, or any other applicable jurisdictions. No other rights, assignment, licenses or legal relationship of any nature, including but not limited to agency, partnership, joint-venture, employer-employee, franchisor-franchisee, or otherwise, either express or implied, are created through your use of GoWatchIt unless expressly reserved in the Terms of Use.

Children’s Online Privacy Protection Act Notification

You may only use GoWatchIt if you are 13 years of age or older. If you are under 18 or not of legal age to form a binding contract in your state of residence, you must have your parent or legal guardian’s permission to use GoWatchIt. To view information on our policy regarding the privacy of children under the age of 13, please click here.

Pursuant to 47 U.S.C. Section 230(d) as amended, Plexus hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Registration

In order to use many features of GoWatchIt, you will need to register for GoWatchIt, either by creating a GoWatchIt user account ("Account") or by providing your e-mail address or mobile number to set an alert to receive Notifications about movies or TV shows in which you are interested. Only users with Accounts (“Account Users”) are able to see and manage their GoWatchIt user queues, which show all of the movies and TV shows for which they have set alerts, and access certain social and other GoWatchIt features. All registration information that you submit must be accurate and updated.

Accounts

You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever. If you create an Account, you can enter or edit your “Basic Information” in the preferences associated with your Account (“Preferences”) when you are logged-in. Your Preferences also allow you to manage other aspects of your Account, including your access to certain services and functionality and the nature and frequency of communications we send to you, among others. If you have previously had your access to or use of GoWatchIt terminated by us, you may not access or use GoWatchIt under any circumstances.

You should never share your Account information with third-parties or allow third-parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are solely responsible for the activity on your Account, including the use of your Account by anyone including, but not limited to, other members of your household. If you allow others to access your Account in violation of the Terms of Use, you agree to be responsible for ensuring they comply with the Terms of Use. Please notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to support@gowatchit.com with “Unauthorized Use” in the subject line.

You have the option to create an Account through social media service functionality, such as Facebook Connect, or you may subsequently associate your Account with one or more of your social media accounts. By linking your Account with a social media account, you expressly authorize Plexus and the relevant social media service to share certain information about you, including personally identifiable information. You also give us permission to store the information that we receive, including, but not limited to, your log-in information for such social media service. Please note that you will be bound by the terms of use and privacy policies of any social media services to which you link your Account, in addition to our Terms of Use and Privacy Policy. Specifically, if you use GoWatchIt with Facebook Connect, then you will be bound by Facebook’s Terms of Use and Privacy Policy. Certain of your information shared between us and social media services may be publicly displayed on GoWatchIt or the relevant social media services. To learn more about the ways in which we may share your information with third-parties including social media services, please read our Privacy Policy.

Termination by Account User

You may terminate your Account at any time by sending an e-mail to support@gowatchit.com with “Cancel Account” in the subject line. Please allow 48 hours for termination to take effect. Following termination, with the possible exception of requested text Notifications, you will not receive any further communications from us unless and until you re-register for GoWatchIt by creating a new Account or by setting an alert for a movie or TV show. Our rights under the Terms of Use will survive any termination of the Terms of Use or the cessation of your use of or access to GoWatchIt.

Intellectual Property Rights

Except for User Generated Material, GoWatchIt and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and the design, selection and arrangement thereof, are the exclusive property of Plexus, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to GoWatchIt or any content on GoWatchIt is transferred to you, and all rights not expressly granted are reserved. Any use of GoWatchIt that is not expressly permitted by the Terms of Use may be a breach of the Terms of Use, and may violate copyright, trademark and other laws.

Plexus Entertainment, GoWatchIt, “Powered by GoWatchIt”, the “Watch It / Queue It,” “Set Movie Alert,” “Set TV Alert” and similar buttons, the GoWatchIt widgets and other GoWatchIt service marks, graphics, logos, scripts and sounds are trademarks of Plexus and may not be copied or otherwise exploited without our prior express written permission. All trademarks and registered trademarks, including those of service affiliates (e.g., Netflix, VUDU, et. al.) from which you can buy, rent or otherwise watch or purchase movies and TV shows in which you are interested, are the property of their respective owners.

You may choose to, or we may invite you to, submit comments or ideas about GoWatchIt, including without limitation, suggestions for ways to improve GoWatchIt (“Ideas”). By submitting an Idea, you agree that: (i) your Idea will automatically become the property of Plexus, without any compensation to you; (ii) Plexus may use or redistribute the Idea for any purpose and in any way, (iii) there is no obligation for Plexus to review unsolicited Ideas and (iv) there is no obligation to keep any Idea confidential. By accepting your submission, Plexus does not waive any rights to use similar or related ideas previously known to us, developed by our employees or obtained from sources other than you.

Restrictions

You may not under any circumstances:

Copy or print any GoWatchIt content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such content;

Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of GoWatchIt or the content thereon in any medium without our prior express written permission, either directly or through the use of any device, software, internet site, web-based service or other means;

Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademarks or other proprietary notices marked on the content available on GoWatchIt or any digital rights management mechanism, device or other content protection measures either directly or through other means;

Mirror, frame, screen scrape or deep link to any aspect of GoWatchIt or access any content on GoWatchIt through technology or means other than those provided or authorized by us;

Access GoWatchIt via any automated system, including without limitation by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined by us in our sole and absolute discretion) an unreasonable or disproportionately large load on our infrastructure;

Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to GoWatchIt, or tamper with, impair, damage, attack, exploit, or penetrate the Plexus system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Plexus or any connected networks, or take any action to impact the proper operation of GoWatchIt and any person’s or entity’s use or enjoyment thereof;

Bypass the measures we may use to prevent or restrict access to or use of GoWatchIt including by hacking into secured or non-public areas of GoWatchIt, circumventing any geo-blocking mechanisms or otherwise;

Use GoWatchIt to collect any personally identifiable information, including Account names and e-mail addresses, or use GoWatchIt for any commercial solicitation purposes, without express written permission from Plexus; or

Attempt to reverse engineer any aspect of GoWatchIt or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies GoWatchIt, create any derivative works or materials of any kind using GoWatchIt content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of GoWatchIt.

User Generated Material

As part of GoWatchIt, you may have the opportunity to publish, transmit, submit or otherwise post some or all of reviews, ratings, comments, feedback or other materials (collectively “User Generated Material”), which may be accessible and viewable by the public. Our goal is to make GoWatchIt enjoyable for all of our users, so we ask that you comply with the following rules.

Violate our or any other person’s legal rights (including rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;

Create or threaten harm to any person or loss or damage to any property;

Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or proprietary rights of us or any other person;

Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

Misrepresent your identity or affiliation with any person or organization, including Plexus;

Seek to collect other users’ e-mail addresses and/or their usernames or passwords for GoWatchIt or other services by electronic or other means for any purpose including to send unsolicited e-mail or other electronic communications;

Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Plexus or the networks or services connected to GoWatchIt or install or attempt to install or promote spyware, malware or other computer code on our or third-parties’ computers or equipment; or

Involve commercial activities such as contests, sweepstakes and other sales promotions, barter, advertising or offers of sale or purchase of goods and services.

We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, royalty-free, license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform, and otherwise exploit your User Generated Material, in whole or in part, for any purpose, including promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material). You waive any moral rights you may have in the User Generated Material. With respect to User Generated Material posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to post the content and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks or privacy rights) or violate any applicable laws, the Terms of Use or any of our other posted policies. You agree to pay all royalties, fees and other monies owing any person by reason of User Generated Material that you post on GoWatchIt.

We have the right, but not the obligation to monitor, review, screen, post, remove, reject, modify and store User Generated Material posted on GoWatchIt, at any time and for any reason, without notice, including to ensure that User Generated Material complies with the Terms of Use. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through GoWatchIt, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party.

Though we strive to enforce our rules with regard to User Generated Material, you may be exposed to content on GoWatchIt that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose or in violation of our Terms of Use. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on GoWatchIt, whether or not it violates our Terms of Use.

Please choose carefully the information you post on GoWatchIt and that you give to other users. You are discouraged from publicly posting your full name, telephone numbers, street address, e-mail address or other information that identifies you or allows strangers to find you or steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through GoWatchIt, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on GoWatchIt and from any claims related to the conduct of any other users.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on GoWatchIt and your interactions with other users.

Mobile Service

When you access GoWatchIt through a mobile network, including via our device and platform-specific applications (each, an “App”), your network provider’s messaging, data and other rates and fees may apply. We do not warrant that any of our Apps will be compatible with your network provider or device. You acknowledge and agree that we may release updates to our Apps and that you may be required to install any such updates in order for your App to continue functioning properly. You may not export any of our Apps except in compliance with all applicable laws. If you are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the App is “commercial computer software” and pursuant to FAR 12.212 and its successors, as applicable, use, reproduction and disclosure of the App is governed by these Terms of Use.

iOS App

The following applies if you obtain our App through the iTunes App Store: You acknowledge and agree that the Terms of Use are solely between you and Plexus, not Apple, and that Apple has no responsibility for the App or the content thereof. Your use of the App must comply with the App Store Terms of Use or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will be responsible for any refund of the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by our Terms of Use and any law applicable to Plexus as a provider of the App. You acknowledge that Apple is not responsible for addressing any claims by you or any third-party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by our Terms of Use and any law applicable to Plexus as provider of the App. You acknowledge that, in the event of a claim that the App and your possession and use thereof infringes a third-party’s intellectual property rights, Plexus, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by our Terms of Use. You and Plexus acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the Terms of Use as relates to your license of the App and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as relates to your license of the App against you as a third-party beneficiary thereof.

Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. iTunes is for legal or rightsholder-authorized copying only. Do not steal music.

Android App

The following applies if you obtain our App through the PlayStore: You acknowledge and agree that the Terms of Use are solely between you and Plexus, not Google, Inc., and that Google has no responsibility for the App or the content thereof. Your use of the App must comply with the GooglePlay Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by our Terms of Use and any law applicable to Plexus as a provider of the App.

Android, GooglePlay, and PlayStore are all trademarks of Google, Inc.

Privacy and Communications

Privacy

We respect your privacy. By accessing or using GoWatchIt you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. For more information, please read our Privacy Policy which is incorporated into the Terms of Use by reference.

Consent to Electronic Communications

You consent to receive communications from us whether required by law or otherwise, either by e-mail, if you have provided us with your e-mail address, or by notice posted on GoWatchIt as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

Mobile Messaging Terms

When you provide us with your mobile phone number, you are expressly agreeing that Plexus may send you text messages (including SMS and MMS) to that phone number. Plexus will only send you text messages relating to specific movies and TV shows in response to your requests to receive them. If you set an alert to receive Notifications about a specific movie or TV show by texting a keyword, you will receive a confirmation text message, and you may need to reply as instructed in order for your request to us to be honored. You are responsible for the payment to your network provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.

You may opt-out of receiving any future text messages from us at any time by texting the keyword STOP to short code 66555 provided that you agree to receive a final text message confirming such opt-out. For help, text the keyword HELP to short code 66555. Please note that texts may be sent through an automatic telephone dialing system. Consent to receive text messages is not required as a condition of using GoWatchIt.

Your network provider may prohibit or restrict certain mobile features and certain mobile features may not work with your mobile device. We do not warrant that any features of GoWatchIt will be compatible with your device. Contact your network provider with questions regarding these issues.

Third-Party Sites

You may access aspects of GoWatchIt functionality, which can be identified by “Powered by GoWatchIt” or other similar branding, from third-party properties (collectively, “Third-Party Sites”). Third-Party Sites include official movie studio or film distributor assets, TV network or service provider assets, social media, media properties and others including those that contain advertisements incorporating GoWatchIt functionality. Third-Party Sites are not owned, operated or controlled by us. Your activities on Third-Party Sites are at your own risk and subject to the terms of use and privacy policies of such Third-Party Sites in addition to our Terms of Use and Privacy Policy, but only to the extent of your interactions with GoWatchIt on such Third-Party Sites. Please be certain to read the terms of use and privacy policies of any Third-Party Sites before you provide any personal or other information to, or engage in any activity on, such Third-Party Sites. We do not monitor policies or terms of any Third-Party Sites, and Plexus does not warrant or represent that any Third-Party Site abides by terms or policies similar to those of Plexus.

We do not endorse, and Plexus expressly disclaims, responsibility and liability for Third-Party Sites, including for the content, products and services provided by Third-Party Sites or any advertisers thereon, other than the GoWatchIt content and functionality provided on such Third-Party Sites. Any interaction you have with Third-Party Sites, other than your interactions with GoWatchIt on such Third-Party Sites, are between you and the Third-Party Sites and you agree that Plexus is not liable for any damage or loss you may suffer as a result of any interaction with any such Third-Party Sites or any claim that you may have against any such Third-Party Sites.

Modification or Suspension of GoWatchIt Service and Right to Terminate Your Use of GoWatchIt

We reserve the right to change, suspend, or discontinue any aspect of GoWatchIt, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features or discontinuing GoWatchIt entirely. Any description of features on GoWatchIt shall not be considered to be a representation by Plexus that such features will always be included on GoWatchIt. From time to time, we may restrict access to some or all of GoWatchIt, including for Account Users. We also reserve the right to terminate or suspend your Account or restrict your and only your use of or access to GoWatchIt, without notice or liability, for any reason or no reason whatsoever. Accordingly, for any reason, and without notice, all or any part of GoWatchIt may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of GoWatchIt or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your User Generated Material or other preferences and interests stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such data. We expressly disclaim any value you may attribute to any of your data stored on our servers.

Linked Destinations and Advertising

GoWatchIt may contain outbound links to other websites, including, but not limited to, from advertisements and other content posted by us or third-parties (“Linked Sites”). You may also navigate to GoWatchIt from inbound links, often provided by us, deployed by third-parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites which include, among others, service affiliates from which you can buy, rent or otherwise watch or purchase movies and TV shows in which you are interested, is made available by GoWatchIt only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be certain to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in Linked Sites are solely between you and the relevant providers of Linked Sites. You cannot rely on our Terms of Use to govern your use of another website or destination.

We do not endorse, and Plexus expressly disclaims, responsibility and liability for Linked Sites, including for the content, products and services provided by Linked Sites. Any interaction you have with Linked Sites are between you and the Linked Sites and you agree that Plexus is not liable for any damage or loss you may suffer as a result of any interaction with any such Linked Sites or any claim that you may have against any such Linked Sites.

Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

We respect the intellectual property of others and we ask you to do the same. If you believe that any content appearing on GoWatchIt, including content created and/or displayed by GoWatchIt, User Generated Material or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be e-mailed to our copyright agent at copyrightagent@gowatchit.com with “DMCA Takedown Request” in the subject line. You may also contact us by mail or facsimile at:

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on GoWatchIt that is reasonably sufficient to enable us to identify and locate the material;

how we can contact you, such as your address, telephone number and e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and

a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

E-mails sent to copyrightagent@gowatchit.com for purposes other than communication about copyright infringement may not be answered. Plexus has a policy of denying use of GoWatchIt to repeat infringers under appropriate circumstances.

Warranty Disclaimer

The information, products and services included in or available through GoWatchIt are continually upgraded and updated. Notwithstanding the foregoing, Plexus and its licensors do not warrant that any such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, GOWATCHIT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND AND YOUR USE OF GOWATCHIT IS ENTIRELY AT YOUR OWN RISK. PLEXUS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING GOWATCHIT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY, AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

PLEXUS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH GOWATCHIT, ANY LINKED SITE OR ANY THIRD-PARTY SITE AND PLEXUS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE OR THIRD-PARTY SITE. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS.

You acknowledge that any reliance on the information and other materials included in or available through GoWatchIt, including, without limitation, any User Generated Material, shall be at your sole risk and responsibility. Plexus reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of GoWatchIt and to make changes to the services, materials, products, programs and features included therein, at any time with or without notice.

Indemnity and Release

You agree to indemnify and hold harmless Plexus and its affiliates, licensors, licensees, successors and assigns and each of their respective directors, employees, agents, service providers, partners and officers (“Indemnified Parties”), from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against Plexus by any third party due to or arising out of or in connection with our use and exploitation of your User Generated Material, breach by you of the Terms of Use, your violation of any third-party right and your use of and access to GoWatchIt or any element or component thereof.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Terms of Use, Privacy Policy and/or any use by you of GoWatchIt.

California residents, you expressly waive CA Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Limitations on Liability

EXCEPT FOR A BREACH OF THE TERMS OF USE BY YOU (SUCH AS A COMMERCIAL USE OF GOWATCHIT IN VIOLATION OF THE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR PLEXUS AND/OR ITS EMPLOYEES, AGENTS, SUCCESSORS, LICENSORS, LICENSEES, ASSIGNS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF GOWATCHIT, THE DELAY OR INABILITY TO USE GOWATCHIT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF GOWATCHIT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH GOWATCHIT, OR OTHERWISE ARISING OUT OF THE USE OF GOWATCHIT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLEXUS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF GOWATCHIT OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GOWATCHIT. EXCEPT FOR A BREACH OF THE TERMS OF USE BY YOU (SUCH AS A COMMERCIAL USE OF GOWATCHIT IN VIOLATION OF THE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF GOWATCHIT OR $50 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF GOWATCHIT, YOUR DATA, YOUR USER GENERATED MATERIAL OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through GoWatchIt. YOU WAIVE, AND HOLD HARMLESS PLEXUS AND ITS AFFILIATES, LICENSEES, PARTNERS AND SERVICE PROVIDERS FROM, ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.

Plexus makes no representation that GoWatchIt is appropriate or available for use in locations outside of the United States. Access to GoWatchIt from territories where such services are illegal is strictly prohibited. If you access GoWatchIt from a location outside of the United States, you are solely responsible for compliance with all local and other applicable laws.

Law and Jurisdiction

The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). DISPUTES ARISING FROM THE TERMS OF USE AND YOUR USE OF GOWATCHIT SHALL BE RESOLVED BY BINDING ARBITRATION. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. Any cause of action you may have with respect to your use of GoWatchIt must be commenced within one year after the claim or cause of action arises.

Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding the Terms of Use, Privacy Policy, or GoWatchIt, you and Plexus agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requests. You must send any notice of dispute by e-mail to info@gowatchit.com. We will send any notice of dispute to you at the contact information we have for you. You and Plexus will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration conducted by JAMS according to their Streamlined Arbitration Rules as in effect at the time that the arbitration is commenced. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. You agree to arbitrate with Plexus only in your individual capacity, and not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of our Terms of Use or breaches of intellectual property, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York.

Waiver and Severability

No waiver by Plexus of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Plexus to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment

The Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you; we may assign our rights under the Terms of Use without restriction.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Plexus with respect to GoWatchIt and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to GoWatchIt.

If you have questions regarding the Terms of Use, please consult an attorney.

It is our goal to provide you with a first class user experience, so if you have any questions or comments about the Terms of Use, please feel free to contact us by e-mail at info@gowatchit.com.